Appointment to the
Special Broadcasting
Service (SBS) Board
Position Description
Chairperson or Non-executive Director
July 2016
Department of Communications and the Arts
July 2016
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© Commonwealth of Australia 2016
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Department of Communications and the Arts
July 2016
Contents
Disclaimer................................................................................................................................................ 1
Copyright ................................................................................................................................................. 1
Attribution........................................................................................................................................... 1
Using the Commonwealth Coat of Arms ............................................................................................ 1
Contents .................................................................................................................................................. 2
1.
2
Position description—Chairperson or Non-executive Director on the SBS Board ......................... 3
1.1
Selection Criteria ..................................................................................................................... 3
1.2
Merit-based selection process ................................................................................................ 3
1.3
Categories of persons not eligible for appointment ............................................................... 4
1.4
The SBS Board—composition and duties................................................................................ 5
1.5
Responsibilities of a non-executive Director on the SBS Board.............................................. 5
1.6
Duration of appointment ........................................................................................................ 6
1.7
Time commitment................................................................................................................... 6
1.8
Remuneration and expenses .................................................................................................. 6
1.9
Conflict of interest .................................................................................................................. 6
1.10
Equal employment opportunity and diversity ........................................................................ 6
1.11
Application process ................................................................................................................. 7
1.12
Closing date............................................................................................................................. 7
1.13
Privacy ..................................................................................................................................... 7
1.14
Further information ................................................................................................................ 8
Department of Communications and the Arts
1.
Position description—Chairperson or
Non-executive Director on the SBS Board
1.1
Selection Criteria
1.
2.
1.2
July 2016
Candidates must demonstrate substantial experience or knowledge in at least one of the
following fields:
a)
the media industry, including broadcasting, digital media and/or digital technologies
b)
business or financial management
c)
corporate governance, including managing large and/or complex operations in the
private, public or not-for-profit sectors
d)
cultural industry and/or cultural policy, including its administration
e)
industrial relations, including an understanding of interests of employees.
Candidates will possess:
a)
demonstrated high level leadership and vision, and the ability to articulate a clear
direction for an organisation
b)
a commitment to high standards of governance
c)
high-level judgement
d)
the highest standards of professional and personal integrity
e)
an understanding of, or the ability to credibly represent, the communication needs of
Australia’s multicultural society, including ethnic, Aboriginal and Torres Strait Islander
communities; and
f)
an understanding of the media environment, in particular the role of the SBS as a
multicultural broadcaster, its Charter and its place within the Australian community.
Merit-based selection process
Under the Australian Broadcasting Corporation Act 1983 (ABC Act) and the Special Broadcasting
Service Act 1991 (SBS Act), a merit-based process must be followed before the appointment of new
non-executive Directors to the ABC and SBS Boards by the Governor-General. A Nomination Panel
(the Panel) established under the ABC Act is responsible for conducting the selection process for
each ABC and SBS board appointment and assisting the Minister (or Prime Minister in the case of the
ABC Chairperson) in identifying suitably qualified candidates to be recommended to the
Governor-General for appointment.
Following a request by the Minister for the Panel to conduct a merit-based selection process, the
Panel will place advertisements inviting written applications by persons seeking to be appointed to
the advertised positions.
The Panel must assess all applicants against the relevant selection criteria (see above) and on the
basis of merit. The usual approach is for the Panel to make an initial assessment based on
consideration of the written applications, leading to interviews, referee and probity checks for those
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Department of Communications and the Arts
July 2016
selected for further consideration. Following its assessment, the Panel will produce a written report
on the outcome of the selection process. The report will contain a shortlist of at least three
candidates nominated for each vacancy. The Panel will provide this report to the Minister.
1.3
Categories of persons not eligible for appointment
Current and former members of Parliament and senior political staff members are not eligible for
appointment as a non-executive Director to the ABC Board while engaged in such positions, or for a
period of 12 months beginning on the day the person ceases to hold one of these positions.
The Minister has specified by legislative instrument the classes of persons falling within the
definition of ‘senior political staff member’:
Class A—Federal
a)
A person employed under the Members of Parliament (Staff) Act 1984 (Cth) and who
occupies a position in the ‘senior staff’ classification as defined by the Commonwealth
Members of Parliament Staff Enterprise Agreement 2012-2015 made under the
Fair Work Act 2009.
Class B—state or territory
a)
A person employed in a senior position by or on behalf of a member of a state
parliament or a legislature of a territory to primarily provide advice about policy
matters, the communication of policy matters to the public, and/or parliamentary
matters.
b)
Without limiting paragraph 4.2 (a) a person is deemed to be employed in a senior
position if the position is known by one of the following designations:
c)
4
i)
Chief of Staff
ii)
Deputy Chief of Staff
iii)
Principal Adviser (however described)
iv)
Senior Adviser (however described)
v)
Senior Media Adviser (however described)
vi)
Specialist Adviser (however described).
For the purpose of subsection 4.2, examples of advice about policy matters include:
i)
developing policy proposals for the consideration of the member
ii)
analysing policy proposals and making recommendations to the member
iii)
participating in policy discussions with or on behalf of the member
iv)
where the member is a Minister, working with public sector employees to
implement policies.
Department of Communications and the Arts
1.4
July 2016
The SBS Board—composition and duties
The SBS Board is responsible for overseeing the operations of the SBS. The SBS board consists of:
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the Managing Director
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the Chairperson
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not fewer than three nor more than seven other non-executive Directors.
The duties of the Board, as set out in the SBS Act, are to decide the objectives, strategies and policies
to be followed by the SBS in performing its functions and to ensure that the SBS performs its
functions in a proper, efficient, and economical manner with the maximum benefit for the people of
Australia.
Amongst its many duties are the requirements that the Board:
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maintain the independence and integrity of the SBS;
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ensure that the gathering and presentation of news and information is accurate and balanced;
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develop and publicise SBS’s programing policies;
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ensure that SBS complies with all legislative and legal requirements;
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ensure the efficient and cost effective functioning of the SBS;
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ensure that the SBS seeks to co-operate closely with the Australian Broadcasting Corporation to
maximise the efficiency of the publicly funded sectors of Australian broadcasting; and
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to be aware of, and responsive to, community needs and opinions on matters relevant to the
Charter.
Section 17 of the SBS Act requires, among other things, that Directors collectively possess an
appropriate balance of expertise in the areas required to govern the SBS effectively, including an
understanding of Australia’s multicultural society and the needs and interests of the SBS’s culturally
diverse audiences, the need for at least one of the Directors to be an Indigenous person, and the
need for at least one Director to have an appropriate understanding of the interests of employees.
1.5
Responsibilities of a non-executive Director on the SBS Board
All members of the SBS Board are expected to make a full contribution to the Board’s work and
operate as part of a team.
Each Board member has a duty to exercise care and diligence and to ensure that the SBS meets its
financial, legal, contractual and reporting obligations. Board members must act in good faith at all
times and in the best interests of the SBS.
Board members are guided by, and must comply with obligations under the following legislation:
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the SBS Act
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the Public Governance, Performance and Accountability Act 2013 (PGPA Act).
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Department of Communications and the Arts
July 2016
Individual Board members are collectively responsible for Board decisions. Board members are
expected to familiarise themselves with the organisation as well as their legal and statutory
obligations. For example, board members as officials of a Commonwealth entity are required to
exercise their powers, perform functions and discharge duties with a reasonable degree of care and
diligence.
1.6
Duration of appointment
The Chairperson and the other non-executive Directors are appointed by the Governor-General and
hold office on a part-time basis for a period of up to five years, as specified in the instrument of
appointment, and are eligible for reappointment. The sum of the periods for which a person holds
office as either Chairperson or non-executive Director, or both, must not exceed 10 years.
Board members may resign in writing to the Governor-General and the Governor-General may
remove a member of the Board in accordance with section 27 of the SBS Act.
1.7
Time commitment
Non-executive Directors of the SBS Board hold office on a part-time basis. The SBS Board meets
approximately six times per year in locations determined by the SBS Chairperson.
Applicants should also take into account the time required to prepare for Board meetings and to
participate in Board committee meetings as required.
1.8
Remuneration and expenses
Non-executive Directors will receive remuneration and expenses for their service on the SBS Board.
Rates are set by the Remuneration Tribunal and reviewed each year. The current remuneration for
the Chairperson is $104,450 per annum, $78,340 per annum for the Deputy Chairperson,
$41,780 per annum for all other non-executive Directors (as per 2015–20 Remuneration and
Allowances for Holders of Part-Time Public Office). Allowances for travel are per 2015–11 Principal
Determination: Official Travel by Office Holders.
1.9
Conflict of interest
The PGPA Act requires that Directors of a Commonwealth Entity, such as the SBS, declare material
personal interests in a matter that relates to the affairs of the entity subject to certain exceptions.
Directors must not be present while a matter in which they have a material personal interest is being
considered at a meeting of the Board and must not vote on the matter, except in certain
circumstances.
Short-listed candidates will be required to complete a Private Interests Declaration form. In addition,
the Panel will undertake probity checks via organisations such as the Australian Securities and
Investment Commission and Australian Financial Security Authority.
1.10 Equal employment opportunity and diversity
The principles of equal opportunity will be used in the selection process to ensure that fair, equitable
and non-discriminatory consideration is given to all applicants within the limits of the selection
criteria. The selection process will consider formal experience and qualifications as well as
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Department of Communications and the Arts
July 2016
non-traditional career patterns such as community involvement and/or voluntary work that
contribute to the ability of a candidate to perform as a non-executive Director on the SBS Board.
1.11 Application process
The Nomination Panel is calling for expressions of interest for the SBS Chairperson position and two
other non-executive Director positions on the SBS Board. The Department of Communications and
the Arts (the Department) has engaged Challis & Company Pty Ltd to assist the Panel with the
selection process.
The SBS Chairperson position is currently vacant, while the two non-executive Director positions on
the SBS Board being advertised are to fill vacancies from 30 June 2016. It is expected each
appointee’s term will commence from the date when the Governor General officially makes their
appointment, which will be sometime after 30 June.
An Expression of Interest must include the following documents:
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an Expression of Interest cover sheet
a statement addressing your suitability for appointment (max. three pages in length)
your current curriculum vitae (max. three pages in length).
Expressions of Interest should be sent, preferably by email, to [email protected] or by post to:
Challis & Company Pty Ltd
Level 12, Chifley Tower
2 Chifley Square
SYDNEY NSW 2000
All applications will be acknowledged. If you have not received an acknowledgement within five days
of submitting an application, please contact Helen Johnson of Challis & Company Pty Ltd on
02 8039 2223.
1.12 Closing date
Expressions of Interest must be submitted by 5.00 pm (AEST) on Friday 19 August 2016.
Late applications will only be accepted at the discretion of the Panel.
1.13 Privacy
On behalf of the Department, Challis & Company Pty Ltd will collect information for the purpose of
determining a person’s eligibility and suitability for appointment to the position of the SBS
Chairperson and/or a non-executive director on the SBS Board.
Personal information, including documents containing personal information, will be handled and
protected in accordance with the Privacy Act 1988 (Cth) (Privacy Act) which sets standards for the
collection, storage, use and disclosure of personal information.
Information collected by Challis & Company Pty Ltd on behalf of the Department may be disclosed to
the Panel and the Minister for the sole purpose of completing this appointment process. Except
where it is necessary for the performance of these functions, and/or is authorised or required by law
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Department of Communications and the Arts
July 2016
or with the person’s consent, we will not use personal information for any other purpose or disclose
it to any other person.
Under the Privacy Act, a person has the right to access and correct any personal information held
about them by Challis & Company Pty Ltd or the Department. Any requests to access the personal
information held by Challis & Company Pty Ltd or the Department, or to discuss any of the issues
raised in this privacy statement, should be directed to the Department’s Freedom of Information
officer on 02 6271 1000.
1.14 Further information
For queries about submitting an expression of interest please contact Helen Johnson of Challis &
Company Pty Ltd on 02 8039 2223.
Visit http://www.sbs.com.au/aboutus/board-of-directors for further information on the SBS Board.
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